News

EB-5 Grandfathering Deadline

File Before September 30, 2026 or Risk Your Family's Green Card

Published Thursday, March 19, 2026 7:00 am

 

This article is for informational purposes only and does not constitute an offer to sell or a solicitation to buy any securities.

EB5 United, a USCIS-designated EB-5 Regional Center, is sharing important immigration program information for families and professionals exploring U.S. Permanent Residency through the EB-5 Immigrant Investor Program.

While the EB-5 Regional Center Program is authorized through September 30, 2027, a lesser-known protection deadline falls on September 30, 2026. Under the Grandfathering provision introduced by the EB-5 Reform and Integrity Act of 2022 (RIA), investors who properly file Form I-526E on or before September 30, 2026 may continue to have their petitions processed under current program rules, even if the Program lapses at a later date.

Background: The 2021 EB-5 Freeze

When the EB-5 Regional Center Program expired on June 30, 2021, USCIS immediately suspended processing of all pending Regional Center petitions. Families who had already committed capital were left without clarity or a processing timeline. Children of investors nearing age 21 aged out of dependent eligibility; H-1B holders faced expiring work authorization; and F-1 students faced uncertainty about their path to remain in the United States.

When Congress reauthorized the Program through the RIA in March 2022, it introduced the Grandfathering rule specifically to protect investors from a future repeat of that disruption.

Recommended Action Timeline

Immigration professionals recommend investors allow sufficient lead time to complete the required source of funds documentation and petition preparation. A general planning timeline includes:

  • Retaining a qualified U.S. immigration attorney by March 2026

  • Commencing source of funds documentation by March 2026

  • Completing project due diligence and capital preparation by May 2026

  • Targeting I-526E filing with USCIS no later than July 2026

To learn more about the EB-5 Visa program, requirements, and process, visit EB5 United's resource page.

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